Details About Cases That A Divorce Attorney In Rochester, MN Can Provide

by | Jan 8, 2018 | Articles

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In Minnesota, divorce cases must follow specific rules and provisions according to all relevant circumstances. The reasons why the petitioner starts the case as well as where the defendant lives could play a role in how the case proceeds. A Divorce Attorney in Rochester MN can provide details about how the cases are managed.

Serving the Papers

After the petition is filed, the court delivers the papers to the defendant. Typically, an officer of the court or a sheriff’s deputy delivers the court summons to the opposing spouse. The defendant must sign a receipt showing that they received the papers. If a service is used to deliver the papers, evidence of delivery is also required.

When is a Hearing Needed?

A divorce hearing is scheduled only when the couple cannot agree to the terms of the divorce. The hearing or trial could take up to two years to settle based on the size of the marital estate. Under the circumstances, the judge makes all decisions for the couple. The judge divides the marital estate based on an amicable solution. Child custody and support is handled during a separate hearing.

Child Custody and Support Requirements

The couple has the opportunity to choose the type of child custody arrangement they prefer. Sole and joint custody are available to them, and the custody type determines which parent makes decisions for the child. Child support is determined according to the income of each parent and the child’s needs.

Alimony and Spousal Support

Alimony is available to a spouse that requires financial support. The court reviews the requirements of the requesting spouse. Typically, the court awards additional assets or the payment of an educational program in lieu of alimony. However, lengthy marriages may entitle the spouse to lifetime support.

In Minnesota, divorce cases involve the division of the marital estate and arrangements for child custody. The divorce is finalized after each party has reached an agreement, and the required waiting period has passed. Child support and alimony payments are determined through a divorce agreement or a judge. Petitioners who want to start a divorce can contact a Divorce Attorney in Rochester MN through Rolsch Law Offices right now.

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